Central Information Commission
Nutan Thakur vs Department Of Personnel & Training on 6 January, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/DOP&T/A/2018/142912
Nutan Thakur ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Ministry of Personnel, PG and Pensions,
Department of Personnel and Training,
North Block,
New Delhi - 110001. ... ितवादीगण /Respondent
RTI application filed on : 02/02/2018
CPIO replied on : 01/03/2018
First appeal filed on : 06/03/2018
First Appellate Authority order : 11/04/2018
Second Appeal dated : 05/07/2018
Date of Hearing : 06/01/2020
Date of Decision : 06/01/2020
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Appellant sought documents belonging to DoPT related with filing of SLP challenging 12 year old Hon'ble Delhi High Court verdict closing the Bofors case, including notesheet and the correspondence between DoPT and various other offices.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.1
Relevant Facts emerging during Hearing: The following were present:-
Appellant: Represented by Harkesh Singh through VC.
Respondent: P.K. Jaiswal, US & CPIO, DoPT, North Block, New Delhi present in person.
CPIO submitted that the documents sought pertained to its correspondence with CBI and other Departments. He further submitted that information sought have been denied because the same pertained to CBI investigation in the case which is exempt from RTI Act.
Decision Commission upon perusal of records and on the basis of the proceedings during hearing observes that information sought pertains to CBI investigation and since, CBI has been placed at Sl. No.23 of the Second Schedule to the RTI Act 2005 vide Notification No. F.No.1/3/2011-IR dated 09.06.2011 of Govt. of India and as such RTI Act is not applicable to the organization except where allegations of corruption and/or human rights violation have been made. In the instant case, Appellant has not made any specific allegation of corruption; mere assertion that matter involves corruption does not attract the proviso to Section 24 of RTI Act.
In view of the foregoing, Commission does not find any scope of intervention in the matter.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा ) Information Commissioner ( सूचना आयु ) 2 File No : CIC/DOP&T/A/2018/142912 Authenticated true copy (अ भ मा णत स या पत त) Haro Prasad Sen Dy. Registrar 011-26106140 / [email protected] हरो साद सेन, उप-पंजीयक दनांक / Date 3